1st Session.

HENRY KILBOURN.

MARCH 26, 1830.

Mr. CRANE, from the Committee of Claims, made the following

REPORT:

The Committee of Claims, to whom was referred the petition of Henry Kilbourn, report:

The petitioner states that, in 1826, he entered into a contract with H. Huntington, then District Attorney of the United States for the District of Connecticut, to purchase part of a lot in the City of Hartford, belonging to the United States, at the rate of $25 the rod. This contract was made under the representations of the District Attorney, that the lot was soon to be sold, and that he would arrange the sale of the same so as to procure a title for the petitioner. Relying upon these assurances he erected, at great expense, a large stone wall upon the lot, filled up the same by carting more than a thousand loads of earth on it, and made other improvements; that he made, at great expense, through his own land, adjoining the said lot, a road, on which the land of the United States is bounded, and which was of great advantage to that land. On the 23d October, 1829, the whole of the lot, including the part which the petitioner had contracted for, was sold by the Marshal of the United States, and bought by William H. Imlay. The

Mr. Childs also states

the improvements made by the petitioner. The statements of the petitioner of the United States for the District of Connecticut. are sustained by the certificate of Asa Childs, the present District Attorney that, at the sale in October, 1829, the petitioner bid off a lot belonging to the United States at $680 10, and gave a bond to pay one-third of the purchase money on the 1st of February, 1830, and the residue in six and

twelve months.

This bond, by the direction of the agent of the Treasury,

has been put in suit, and judgment recovered against the petitioner on the in the United States. Since the sale the petitioner has failed, and, being 4th Tuesday of February, 1830, for about $250: the title to the lot is still wholly unable to pay, has delivered possession of the lot to Mr. Childs, as the agent of the United States. The lot cannot now be sold for the sum at which it was bid off by the petitioner: the deficiency would probably amount to $250. The improvements made by the petitioner on the part of the lot for which he contracted with the District Attorney in 1826, and the road The improvements made by

creased the price at which the whole lot sold.

the petitioner, exclusive of the expense of making the road on his own land, are estimated by Eliphalet Averill and Wm. Hayden, at $175.

Under these circumstances the committee think the petitioner is entitled to relief, and that, on giving up all claim to the lot purchased by him at the sale in October, 1829, he should be exempted from the payment of the judgment rendered against him, and from the instalments remaining due on his bond. A bill is reported accordingly.

1st Session.

WILLIAM CARTER-HEIRS OF.

MARCH 26, 1830.

Mr. Brows, from the Committee on Revolutionary Claims, made the

following REPORT:

The Committee on Revolutionary Claims, to whom was referred the petition of James H. Carter and others, have had the same under consideration, and make the following report:

The petitioners, James H. Carter, Joseph Jackson, Harriet Rebecca Jackson, and Elizabeth W. Spencer, set forth that they are the descendants and residuary legatees of Dr. William Carter, deceased; and that said William Carter was appointed in July, 1776, surgeon to the continental hospital at Williamsburgh, in the State of Virginia, and continued in that service until the close of the war. That, in June, 1784, he received from the State of Virginia, a certificate for the balance of his full pay under the act of Assembly of that State, passed at the November session of 1781, and subsequently received the land bounty to which he was entitled as a surgeon in the continental hospital; but, that no payment has been made by the Government of the United States, or by the State of Virginia, on account of half pay for life, or for the commutation of five years' full pay in lieu thereof.

It

appears by the certificate of John M. Galt, by the letter of Major J. Nelson, and by the proceedings of the Legislature of Virginia, of the 28th of November, 1791, as also by the settlement made by the auditor of Virginia, with the said Carter, on the 2d of June, 1784, for his pay and depreciation as a continental officer, that said Carter did serve as a surgeon in the continental establishment to the close of the war.

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It further appears, that said Carter's certificate, dated the 10th of December, 1787, signed William Carter, senior, late a surgeon to the continental hospital," was received as conclusive evidence of the services of the commissary to that hospital. It also appears, that said Carter received, on the 7th of February, 1792, from the State of Virginia, a warrant for 6,000 acres of land for his services as surgeon in the continental hospital for the war; and that, on the 30th of April, 1807, an additional warrant for 14162 acres issued to the representatives of said Carter, as an additional allowance as surgeon of the continental line for one year and five months' service, (more than six years) making the whole service of said Carter, seven years and five months.

From a certificate of the auditor of Virginia, dated December 17th, 1829, appears that said Carter received, on the 2d of June, 1784, the balance of his full as a surgeon on the continental establishment; but no evidence

pay

that he ever received any thing on account of half pay, or of the commutation of five years' full pay in lieu thereof.

The committee are satisfied that said Carter did serve from July, 1776, until the end of the war, as surgeon in the continental hospital at Williamsburgh, in the State of Virginia; and that he never did receive any part of his half pay, or the commutation of five years' full pay in lieu thereof; and that the petitioners, as heirs and residuary legatees, are entitled to the five years' full pay which was due said Carter at the time of his decease; and, therefore, report a bill.